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H.B. 53
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PUBLIC EDUCATION CAPITAL OUTLAY
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AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Thomas V. Hatch
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AN ACT RELATING TO PUBLIC SCHOOLS; MODIFYING THE CRITERIA AND
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FORMULA FOR DISTRIBUTING CAPITAL OUTLAY FOUNDATION MONIES AND
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EMERGENCY SCHOOL BUILDING AID; AND PROVIDING AN EFFECTIVE DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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53A-21-103, as last amended by Chapter 129, Laws of Utah 1999
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53A-21-103
is amended to read:
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53A-21-103. Qualifications for participation in the foundation program --
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Distribution of monies -- Distribution formulas.
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(1) In order for a school district to qualify for monies under the capital outlay foundation
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program established in Subsection
53A-21-102
(1), a local school board must levy a tax rate of [up
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to] at least .0024 per dollar of taxable value for capital outlay and debt service.
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[(2) (a) The State Board of Education shall adopt a rule in accordance with Title 63,
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Chapter 46a, Utah Administrative Rulemaking Act, that allows a school district levying less than
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the full .0024 tax rate to receive proportional funding under the foundation program based upon
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the percentage of the .0024 tax rate levied by the district.]
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[(b) The rules may include hold harmless provisions for up to two years.]
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(2) To equalize tax effort for capital outlay and debt service a district's assessed valuation
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will be multiplied by a .0042 tax rate.
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(3) (a) [Through June 30, 2001, 20% of the monies in the capital outlay foundation
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program shall be used in] There is established an emergency school building [needs] aid program.
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(b) [Beginning July 1, 2001, the emergency school building needs] The program shall be
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[terminated and the monies otherwise spent in that program shall be used for the general purposes
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of the capital outlay foundation program] supplementary to the capital outlay foundation program
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established in Subsection
53A-21-102
(1) and funded from monies in the capital outlay foundation
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program.
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(c) The monies designated for the emergency school building aid program shall be based
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upon $2,000 per net new student averaged over a five-year period for qualifying school districts.
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(d) To qualify for the emergency school building aid program, a school district must levy
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a tax rate of at least .0024 for capital outlay and debt service, have experienced growth in its
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student population, and demonstrated a need for emergency aid.
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(4) The State Board of Education shall distribute monies in the capital outlay foundation
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program and the emergency school building [needs] aid program in accordance with formulas
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developed by the state superintendent of public instruction.
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(a) The board shall distribute capital outlay foundation monies on the basis of a minimum
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guarantee per average daily membership as computed by the state superintendent of public
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instruction using:
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(i) available monies; and
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(ii) the assessed valuation per three-year average daily membership in each school district,
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multiplied by the .0042 tax rate, minus capital outlay bond principal and interest repayments per
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student.
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(iii) (A) Qualifying bond issues under Subsection (4)(a)(ii) must have a minimum
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repayment period of at least ten years or be prorated as though debt repayment would have been
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calculated on a minimum of ten years, and bond principal and interest repayments are calculated
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on a three-year average.
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(B) Only bonds and debt incurred for new school space shall be included in the
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calculations, excluding any part of the levy not used for capital facilities, such as technology or
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instructional improvement programs.
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(b) The formula for the emergency school building [needs] aid distribution shall include
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the following components:
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(i) a school district's ability and effort to raise money for [school building needs as related
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to the assessed valuation per student for real property within the school district;] new school space
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as equalized by available income for capital per student, which is determined in the same manner
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described in Subsection (4)(a); and
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(ii) multiply Subsection (4)(b)(i) by need as reflected [by:] in the net growth over the last
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five years in a district's student population averaged over that time frame.
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[(A) the current number of students in the school district who are in alternative housing;
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and]
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[(B) growth, both within the district and compared to the state as a whole; and]
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[(iii) the school district's effort to raise money based on:]
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[(A) the district's total tax rate; and]
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[(B) the district's bond and bond interest payments compared to its ability to raise
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revenue.]
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Section 2. Effective date.
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This act takes effect on July 1, 2000.
Legislative Review Note
as of 12-28-99 8:46 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.